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HomeMy WebLinkAboutMINUTES - 09261995 - C12 CLAIM C , /a- BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 26, 1995 Cle<.r a0?�mst the County, or District governed by) BOARD ACTION :`,`_::,ervvsors, Routing Endorsements, ) NOTICE TO CLAIMANT crit Eucrc Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Sec g�and 915.4. Please note all 'Warnings". myc�l�lzvJ CLAIMANT: Evelyn c. Pantel SEP n �:+ ATTORNEY: �CiUNrY FEJ, !19�eived ADDRESS: 1470 Creekside Drive, NO. 35 WqT1 DELIVERY TO CLERK ON September 1, 1995 Walnut Creek, CA 94596- BY MAIL POSTMARKED: August 30, 1995 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, ppHH gg DATED: September 5 , 1995 BYIL DeputyLOR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (�This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: Q"5 "—1 S BY: 5.-L 61s._ _, Deputy County Counsel 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 9-a(v-/95ZS" PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated; —,?7— BY: PHIL BATCHELOR by .J Deputy Clerk CC: County Counsel County Administrator OFFICE OF COUNTY COUNSEL DEPUTIES: f CONTRA._� PHILLIP S. ALTHOFF .. ,` COSTA COUNTY SHARON L. ANDERSON BRANDON D. BAUM COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDY VICKIE L. DAWES P.O. BOX 69 MARKE S. ESTIS VICTOR J.WESTMAN MARTINEZ, CALIFORNIA MICHAEL D. FARR COUNTY COUNSEL 94553-0116 LILLIAN T. FUJII DENNIS C. GRAVES SILVANO B.MARCHESI TELEPHONE (510) 646-2041 GREGORY C. HARVEY ARTHUR W.WALENTA,JR. FAX (510) 646-1078 KEVIN T. KERR ASSISTANTS EDWARD V. LANE, JR. MARY ANN M. MASON PAUL R. MUNIZ September 5, 1995 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Evelyn Pantel 1470 Creekside Dr. , No. 35 Walnut Creek, CA 94596 RE: CLAIM OF: Evelyn Pantel Please Take Notice as Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 .2, or is otherwise insufficient for the reasons checked below: [] 1 . The claim fails to state the name and post office address of the claimant. [] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X] 3 . The claim fails to state the date, place or other, circumstances of the occurrence or transaction which gave rise to the claim asserted. [X] 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. [X] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10, 000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10, 000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. (] 6 . The claim is not signed by the claimant or by some person on is behalf . [] 7 . Other: VICTOR J. WESTMAN, County Counsel <-� IF5� By: Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: September 5, 1995 at Martinez, California. CC: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE §§ 910, 910.2, 920.4, 910.8) Clain: to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLADON T A. CIai=s relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person • or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual 'of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed With the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this R£: Claim By ) Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa ) SEP - or ) CLERK BOARD F SU District) CONTRA COSTA Co ,d.rrAe- Fill in name ) The undersigned claimant hereby makes claim against the CountyContra Costa or the above-named District in the sum of $ ridin' support of this claim represents as follows: 1. When did the damage or injury occur? '(Give exac to and hour) 2. Where did the damage or injury occur9 elude city and county) 3• How did the damage or injury cur? (Give Hill. details; use extra paper if required) 4. What particular t or omission on the part of county or district officers, servants or oyees caused the injury. or damage? 5. wnat are the names of county or district officers, servants or emplo s causing the tam-age or 5. What damage or injuries do you claim resulted? (Giv 11 extent of injuries or damages claimed. Attach two estimates for auto e. 7. How was the amount claimed above compu ? (Include the. estimated-amount of any prospective injury or damage..) . $. Names and addresses of Mnesses, doctors and hospitals. 9. List the olenditures you made on account of this accident or injury: DA ITEM_ - AMOUNT o vi--Code Sec. 910:2 provides: AIA.—M--The claim must be signed by the claimant SEND NOTICES T0: (Atto e or by some person on hi lf.TM Name and Address of.Attorney Claimant's Signature /-�7T1 � 7 Address. Telephone No. Telephone No. * if N O T I C E Section 72 of the Penal .Code provides: "Every person Who, with intent to defraud, presents for allowance or for pa.YMnt to any state board or officer, or .to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such i=,riso.-ff,.)ent and fine. ATTACHMENT TO CLAIM FORM Re: Claim of EVELYN C. PANTEL 1. Impossible to ascertain. 2. 1470 Creekside Drive, Unit No. 35, Walnut Creek, Contra Costa County. 3. Improper engineering of flood canal dug less than 40 feet away from residence. 4. Lack of proper inspection to guarantee that residences abutting canal would not suffer cracking from ground settling. 5. Unknown. 6. Ground floor of residence is a cement pad. In September 1994 the wall-to- wall rug was pulled up for the purpose of laying down travertine marble flooring. There was a crack across the cement following the canal line that varied between 1/8" to almost 1" in width with as much as a 1/4" drop on the canal side of the crack. I proceeded with the marble flooring assuming that the crack would have stabilized as the canal had been dug at least 5 years prior. The marble is now cracking along the same line and there is as much as a 1/8" drop off on the canal side of the crack. I am requesting - 1. That the Contra Costa County Flood District send out an engineer to assess this problem and its potential continued movement. 2. Pay for the removal and replacement of the affected area of the cement pad. 3. Pay for the replacement of the affected travertine marble flooring. It is impossible for me to estimate the removal and reconstruction costs of this project. 7. Not applicable. 8. Not applicable. 9. Not applicable. o s. .:. O� 56 %0 r. C6 4.4 c� d oN � �rd M �p O Z moi' d V k d � 1 ,aT► � i 1� AMENDED CLAIM 1.;2- BOARD .;2-BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA . `September 26, 1995 CIA4- am,-�nst the County, or District governed by) BOARD ACTION ervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and ELcrc Action: All Section references are to ) The copy of this document mailed to you is your notice of Califcrn.ia Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Pleas note nings". CLAIMANT: Carmen and Jesus Fausto ATTORNEY: Cameron J. Whitehead SSP � 7 WS Date received WUtMQaUi4SEL ADDRESS: 1407 "A" Street, Ste D BY DELIVERY TO CLERK ON 5���� 1995 Antioch, CA 94509 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQHHII BATCHELOR, Clerk DATED: 7 9 9S BY: eputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( vJ_ This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other ©CL-��v�a.X cs.�...,,_... �..t c►a -�n.v.��_ �-4e t s . Dated: 8Y: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (v ) This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: �`a�p —/179 5' PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today i deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: `y- /9 9Jr BY: PHIL BATCHELOR by v Deputy Clerk CC: County Counsel County Administrator Law Offices of Joel A. Harris ATTORNEY AT LAW Joel A. Harris Cameron J. Whitehead September 6, 1995 RECEIVED �Ja� li,Gr,P,r� • Clerk of the Board of Supervisors S& — TIM County of Contra Costa, California 651 Pine Street Martinez, CA 94553 OARD OF SUPERVISORS CONTRA COSTA CO. Re: Claims of Carmen and Jesus Fausto Accrual date: February 27, 1995 NOTICE OF AMENDED CLAIMS PLEASE TAKE NOTICE that claimants Jesus and Carmen Fausto herewith amend their claims against the County of Contra Costa as follows: The theories under which Mrs. Fausto seeks recovery are.: 1. Medical negligence 2. Lack of informed consent 3. Breach of contract 4. Wrongful birth 5 . Negligent infliction of emotional . distress The theories under which Jesus Fausto, seeks recovery are: 6. Loss of consortium 7. Negligent infliction of emotional distress The damages claimed are in excess of the jurisdictional limit of the Superior Court. The names of the individual County employees involved have not yet been ascertained. Claimants will proffer that information at their earliest opportunity. Please address all official notices or correspondence to the undersigned at the address indicated in below. Should you have any questions, I stand ready to provide whatever information I can. Very truly yours, LAW FFICES WOFEHARRIS ' 1, G Cameron J. Whitehead Attorneys for claimants JESUS and CARMEN FAUSTO of Counsel 1407 "A' Street, Suite D 2121 S. El Camino Real, Suite 700 Antioch, California 94509 San Mateo, CA 94403-1897 ❑ Tel: (510) 757-4605 Tel: (415) 578-8080 Fax: (510) 757-1811 Fax: (415) 578-0148 6 . /.;t- APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA September 216, 1995 • BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below) California Government Code.) ) given pursuant to Government Code Sections 911.6 and 915.4• Please note the "WARNING" Claimant: Robert Ortiz S E P 1 1 1995 Attorney: COUNTY COUNSEL MARTINEZ CALIF. Address: 4800 Discovery Point Byron, CA 94514 Amount: By delivery to Clerk on September $. :; 1995 Date Received: 9/11/95 By mail, postmarked on -Hand Delivered. I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: PHIL SAT'CHELOR, Clerk, By • Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (� The Board should deny this Application to File Late Claim (Section 911.6). DATED: CJ-Il` ct S VICTOR WESTMAN, County Counsel, Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 91.1.6). (V') This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: -o?lv - / 9S PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code S911.8) If you wish to file a oourt action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the oourt within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: PHIL BATCHELOR, Clerk, V. j Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION M FILE LATE CLAIM RECEIVED ow -�- Claimant/Applicant Robert Ortiz 4800 Discovery Point OF SUPERVISORS CW—TA COL Byron, CA 94514 HtTRA Claim of ROBERT ORTIZ APPLICATION FOR LEAVE TO PRESENT LATE CLAIM VS. COUNTY OF CONTRA COSTA To the County of Contra Costa: -Application is hereby made,pursuant to Government Code§911.4,for leave to present a late claim founded on various causes of action for personal injuries which accrued on or about November 1994, and for which a claim was not presented against the County of Contra Costa within the 180 day period provided by Section 911.2 of the Government Code. Circumstances relating to the cause of action are as follows: In 1989 Claimant was arrested for drunk driving in Solano County. He plead to the charge and received probation,which included a requirement that he attend a DUI program for first time offenders. He was given the name and address of a DUI program school in Solano County, known as A.K. Bean. He went to this school, and ultimately received a transfer to a program in Antioch, California,which was closer to his home. He indeed attended all of his classes at this school, and completed the program. The papers signed by Claimant indicated that upon successful completion of the program a certificate of completion would be given to him (it was), and that the school would notify the Court.. Despite his successful completion of the program,the fact of such completion was not communicated to the court. This resulted, in 1994, in his being arrested on the no bail warrant, which issued as a result of the revocation of his probation. It also led to his being wrongfully 1 incarcerated for a total of seven days. 2. The reasons that no claim was presented as to this particular incident during the period of time provided by Section 911.2 of the Government Code are: a. On November 25,1994 Claimant was detained for drunk driving after her had crashed his vehicle. Upon running Claimant's name and license through their computer, the officers informed him that there was a no bail warrant for violation of probation outstanding, and thereafter arrested him on this warrant. He was taken into custody and was in county detention for a total of seven days, but was switched from Martinez Detention Facility, then to Richmond, then back to Martinez, then to Solano County, where he remained. b. He was informed by the Court on November 30, 1994 that his probation had been revoked, resulting in the issuance of the no bail warrant, because he had not completed his DUI program from 1989. Claimant protested that he had faithfully attended and completed the program, and had received his personal certificate of completion. At this time he was informed that no proof of completion had been submitted to the Court. C. The proof of completion was ultimately, though tardily, provided to the Court, and Claimant was released from custody after seven days incarceration. d. Claimant had retained Blackie Burack,of Burack&Berg,to represent him in the new drunk driving charge,but also consulted with him concerning the wrongful imprisonment due to the failure of the school to notify the court of his completion of the program. Although the matter was supposed to be investigated by Burack and Berg, and although Claimant believed that they were going to take actions on his behalf, such did not occur. In July, 1995 Claimant was told that no action would be taken on his behalf, but that he could consult with another attorney. e. On August 8, 1995 Claimant consulted with Coker & Ramirez, who undertook to investigate the matter fully, contacting both A.K. Bean in Solano County and obtaining documents 2 from the school attended by Claimant in Antioch, as well as making contact with Burack & Berg. The purpose of this investigation was to determine the precise status of the Antioch facility, specifically,whether it was a private entity (e.g. part of A.K. Bean) of a governmental entity. The status of the school as part of Contra Costa Health Services Departmentwas conclusively determined on August 28, 1995. The failure to present this claim within the 180 day period specified by Section 911.2 of the Government Code was through mistake, inadvertence, surprise or excusable neglect, and the County of Contra Costa was not prejudiced by this failure, all as more particularly shown by the attached declaration of Robert Ortiz. 4. This application is being presented within a reasonable time after accrual of this cause of action, as more particularly shown by the attached declaration of Robert Ortiz. WHEREFORE, it is respectfully requested that this application be granted and that the attached proposed claim be received and acted on in accordance with Sections 912.4 through 914 of the Government Code. Dated: September 1, 1995 l' ROBERT ORTIZ DECLARATION OF ROBERT ORTIZ I, Robert Ortiz, declare as follows: 1. 1 am the Claimant in this matter and offer this declaration is support of this Application for Leave to Present a Late Claim. 2. In 1989 I was arrested for drunk driving in Solano County. I plead to the charge and received probation, which included a requirement that I attend a DUI program for first time 3 offenders. I was given the name and address of a DUI program school in Solano County, known as A.K. Bean. I went to this school, and ultimately received a transfer to a program in Antioch, California, which was closer to my home. I indeed attended all of my classes at this school, and completed the program. The papers signed by Claimant indicated that upon successful completion of the program, such would be given to me (it was), and would result in the school's notification to the court. Despite my successful completion of the program, the fact of such completion was not communicated to the court. This resulted, in 1994, in my being arrested on the no bail warrant, which issued as a result of the revocation of my probation. It also led to my being wrongfully incarcerated for a total of seven days. 3. On November 25, 1994 I was detained for drunk driving after having run my vehicle into a ditch.. Upon running my name and license through their computer,the officers informed me that there was a no bail warrant for violation of probation outstanding, and thereafter arrested me on this warrant. I was taken into custody and was in county detention for a total of seven days, but during this time was switched from Martinez Detention Facility, then to Richmond, then back to Martinez, then to Solano County, where I remained. 4. I was informed by the Court on November 30, 1994 that my probation had been revoked, resulting in the issuance of the no bail warrant, because I had not completed his DUI program from 1989. I protested that he had faithfully attended and completed the program,and had received his personal certificate of completion. At this time I was informed that no proof of completion had been submitted to the Court. 5. The proof of completion was ultimately, though tardily, provided to the Court, and I was released from custody after a total of seven days incarceration. 6. I had retained Blackie Burack,of Burack&Berg,to represent me in the new drunk driving charge, but also consulted with him concerning the wrongful imprisonment due to the 4 failure of the school to notify the court of his completion of the program. Although the matter was supposed to be investigated by Burack and Berg, and although I believed that they were going to take actions on my behalf, this did not occur. In July, 1995 I was told that no action would be taken on my behalf, but that I could consult with another attorney. 7. On August 8, 1995 I consulted with Coker &Ramirez,who undertook to investigate the matter fully, contacting both A.K. Bean in Solano County and obtaining documents from the school attended by Claimant in Antioch, as well as making contact with Burack & Berg. The purpose of this investigation, as explained to me, was to determine the precise status of the Antioch facility, specifically, whether it was a private entity (e.g. part of A.K. Bean) or a governmental entity. The status of the school as part of Contra Costa Health Services Department was conclusively determined on August 28, 1995, and communicated to me at that time. Also I was informed at that time that this Application was the next required step in presenting a claim against the County of Contra Costa. 8. That there is no prejudice to the County of Contra Costa in investigating these matters or in preparing a potential defense, as the claim is only late by approximately two months. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge and that this declaration was executed on September 1, 1995 at Pittsburg, California. ROBERT ORTIZ 5 t f :. CLAIM Q 11�, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 26, 1995 Cl?;T a^.?i^st the County, or District governed by) BOARD ACTION _ S-.;7ervisors, Routing Endorsements, ) NOTICE TO CLAIMANT crc Eborc Action. All Section references are to ) The copy of this document mailed to you is your notice of Califcrria Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $75,000.00 Section 913 and 915.4. Please note a1lVivall,�7 mb CLAIMANT: Karen Haulman, guardian for Kenneth Allen Hubbs SEP 0 ; 1995 ATTORNEY: John W. Findley, Esq. UNSEL Date received COUNTY TINEZCALIF. ADDRESS: 2700 Ygnacio Valley Rd. , Ste 200 BY DELIVERY TO'CLERK ON September 5, 1995 Walnut Creek, CA 94598 BY MAIL POSTMARKED: Hand Delivered via: Risk Mpmt. 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 5, 1995 IarL sepuiyLOR, Cler II. FROM: County Counsel TO: Clerk of the Board of Supervisors (� This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: G. y• t >�tI1.AtJ►a/V�.t �s�.tfk.. Dated: q S 9 S 8Yo:� Deputy County Counsel 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Superviscrs present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: — /0 1 y QS PHIL BATCHELOR, Clerk, By � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. c � Dated: C/ d -7, /!?Z Z BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator RECEIVED NOTICE OF CLAIM SEP 519% V i 0. : le'zk -M VIA CERTIFIED MAIL - RETURN RECEIPT RCONTRAEQUESTED CLERK BOARD C SUPERVISORS COSTA CO. TO: ORIN ALLEN YOUTH FACILITY AND REHABILITATION CENTER RE: CLAIM OF KAREN HAULMAN, as parent and guardian ad litem for KENNETH ALLEN HUBBS AGAINST ORIN ALLEN YOUTH FACILITY AND REHABILITATION CENTER PLEASE TAKE NOTICE that pursuant to the provisions of the Government Code of the State of California, this claim is hereby presented to you, and each of you, as follows: 1. NAME AND ADDRESS OF CLAIMANT KAREN HAULMAN, as parent and guardian ad litem for KENNETH ALLEN HUBBS 124 Cottonwood Common Brentwood, CA 94513 2. ADDRESS TO WHICH ALL CORRESPONDENCE AND NOTICES RELATING TO THIS CASE SHOULD BE SENT LAW OFFICES OF JOHN W. FINDLEY 2700 Ygnacio Valley Rd., Ste. 200 Walnut Creek, CA 94598 phone: 510-472-0407 fax: 510-472-0118 3. GENERAL DESCRIPTION OF THE CIRCUMSTANCES GIVING RISE TO THIS CLAIM On July 3, 1995 KENNETH ALLEN HUBBS was using weights from the weight room. The weight room was excessively cluttered and the weights had not been put away properly for a long period of time. The entire staff was fully aware of the condition of the room and the need to clean up the clutter and put away the weights. Mr. Hubbs was returning the weights and bar he had been using, and tripped and fell on other loose weights left on the floor. 4. INJURIES AND DAMAGES SUSTAINED BY CLAIMANT Mr. Hubbs left hand was crushed by the weights, with the primary damage being to the ring finger. Additional damage occurred to the remaining fingers and hand. I 5. NAMES OF PUBLIC EMPLOYEE(S) KNOWN AT THIS TIME TO BE INVOLVED Unknown at this time. Believe responsibility may have been on Jerry Lawrence. 6. AMOUNT CLAIMED AS OF DATE OR PRESENTATION OF THIS CLAIM General Damages $ 50,000.00 Special Damages Unknown at this time, but expected to exceed $20,000 TOTAL $ 75,000.00 Dated: August 10, 1995 LAW FICES OF JOHN W. FINDLEY JOHN W. FINDL Y, ESQ. / Attorney for Claimant cc: Karen Haulman 2 I PROOF OF SERVICE BY MAIL 2 CASE NAME: HUBBS v. ORIN ALLEN YOUTH FACILITY 3 4 I am employed in the County of Contra Costa, State of California. My business address 5 is 2700 Ygnacio Valley Rd., Ste. 200, Walnut Creek, CA 94598. I am over the age of eighteen 6 years, and am not a party to the within action. 7 On August 22, 1995, 1 caused to be served the within: 8 NOTICE OF CLAIM 9 on the parties listed below, by enclosing true and correct copies of same in sealed envelopes, 10 with First Class postage thereon, deposited in the United Sates Mail at Walnut Creek, CA and 11 addressed as follows: 12 Orin Allen Youth Faciiity P.O.Box 398 13 Byron, CA 94514 14 I declare under penalty of perjury under the laws of the State of California, that the 15 foregoing is true and correct. Executed on August 22, 1995, at Walnut Creek, Ca. 16 17 X— jOr John W.-Findley, Declar fit 18 ZI/ 19 20 21 22 23 24 25 26 27 28 1 ' .fRA COSTA COUNTY TREATMENT INS_ _jTIONS SPECIAL INCIDENT REPORT IHI–ORIN ALLEN YOUTH REHAB. FACILITY F-1 71 This report must be submitted in the event of any special incident such as escape, attempted escape, threats, intimidation, assault, attempted assault, injury to staff or wards, accident, death, unusual illness, suicide attempt, abnormal behavior, sex play, arson, attempted arson, property damage, use of physical restraint, bomb threat, or any other unusual or suspicious occurrence. Please describe the incident objectively and fully. THIS FORM MUST BE COMPLETED BY THE STAFF MEMBER AND REVIEWED WITH THE SHIFT SUPERVISOR PRIOR TO GOING OFF DUTY. Type of Inciden Day F, Date: c Time: Wiz. Wards Involved: f t� Specific Location of Incident:�f; Name(s) of Witness(es) F Location of Pertin nt Staff at Time of Incident: i Describe What Occurred: (Please do not use institutional jargon or slang except as quotes.) 7er Z- l2 s' Staff Member's Recommendation: 9�•.. ,�. c, Has This Incident Been Discussed with the Ward(s) Involved? Yes Q No Notifications: = Shift Supervisor = Administration arents ] Police Agency [� Probation Officer 0 Medical Staff Other Specify Name and Title of Person Submitting Report 'r« ��� s ate Submitted: J-122 +**SUPERVISOR MUST FILL OUT RH RSE SIDE PRIOR TO LEAVING SHIFT*** SUPERVISOR'S EVALUATION Q Notifications Made Q Outside Assistance Required (Specify) Q Pictures Taken By Q Witness(es) Statement(s) Attached Q Location of Evidence Q Work Order Submitted to Repair How Could This Incident, Have Been Prevented? Was This Incident Discussed .with Staff and/or Wards? Yes Q No If Not, Why? Recommendation or Disposition:- Shift Superviso Date Administrator's Comments Administrato ✓ Date �/ T ATRA COSTA COUNTY TREATMENT INL JTIONS SPECIAL INCIDENT REPORT Type of Incident : Continuation of Narrative: 01 �- Page J-122 CO;. A COSTA COUNTY TREATMENT INSTI'. [ONS SPECIAL INCIDENT REPORT ORIN ALLEN YOUTH REHAB. FACILITY This report must be submitted in the event of any special incident such as escape, attempted escape, threats, intimidation, assault, attempted assault, injury to staff or wards, accident, death, unusual illness, suicide attempt, abnormal behavior, sex play, arson, attempted arson, property damage, use of physical restraint, bomb threat, or any other unusual or suspicious occurrence. Please describe the incident objectively and fully. THIS FORM MUST BE COMPLETED BY THE STAFF MEMBER AND REVIEWED WITH THE SHIFT SUPERVISOR PRIOR TO GOING OFF DUTY. Type of Incident: �--v' V) A �' ; ,\�.<rt Day Date: Q� - Time: Wards Involved: ��t�eC l�yrJS Specific Location of Incident: Name(s) of Witness(es) : �J Location of Pertinent Staff at Time of Incident: h-. H�UCU-! ;' Vyk Describe What Occurred: (Please do not use institutional jargon or slang except as quotes.) (n/.D�(.. S':O�,t��� c1(vy�--�A1 o'3- Q�:�y IZ _ \� ��•��'F�c3r .. � `��,.1?✓\ � �'�.oa�rC �,..'�� C�. ,r��.-C,�/1 ; C)t)y'^ �l"G� o �.,,, d-�� cl"14-. �I_Q_ c:_A_c ­ ) S n_ P C`i�9.S.�.� Staff Member's Recommendation: Has This Incident Been Discussed with the Ward(s) Involved? l Yes = No Notifications: E �,J Shift Supervisor �'� Administration [ Parents Police Agency = Probation Officer E�D Medical Staff = Other (Specify) Name and Title of Person SubmittingRe ort : �7 p L_P f t �.�� r� e �''�- 1- Date Submitted: SU J-122 �**SUPERVISOR MUST FILL OUT REVERSE SIDE PRIOR TO LEAVING SHIFT*** SUPERVISOR'S EVALUATION [� Notifications Made Q Outside Assistance Required (Specify) [� Pictures Taken By Q Witness(es) Statement(s) Attached (� Location of Evidence [� Work Order Submitted to Repair How Could This Incident Have Been Prevented? Was This Incident -Discussed .with Staff and/or -Wards? Q Yes =.No If Not, Why? Recommendation or Disposition: Shift Supervisor Date Administrator's Comments Administrator / Date / S Probation Department ContraDD FC F n� (� d S.Buck V E u Probation Officer Orin Allem Yoyth Rehabilitation Facility Costa P.O. Box 398 County AUG 2 91995 4491 Bixler Road Byron,California 94514-0398 ?�_6 L.-oma CONTRA COSTA COUNTY (510)427-8660 = PROBATION DEPT. To: .,= -' `�o¢ Date: Bill Thomas nOSTA COU2i� cPv 8-28-95 Probation Dire for From: Gemma Past o Subject: Attached Superinte en Please find the attached as well as Special Incident Report for your consideration. I would assume that this will be a matter to be forwarded to County Counsel or Risk Management. Ron Nara®Y GP:ad SEP 0 5 1995 FCLIERK—BOA ECEIVE®P - 51995RD OF SU�'LR!/ISORS CO CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 26, 1995 Clp4m biairst the County, or District governed by) BOARD ACTION `.Z ,ervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Surd Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $3,000.00 Section 913 and 915.4. Please note .al CLAIMANT: Casandra Kaauwai SEP I S 1995 ATTORNEY: Date received COUNTY COUNSEL Mpp I EZ CALIF. ADDRESS: 2214 Piccardo Circle BY DELIVERY TO CLERK ON September 3, 1�S5 Stockton, CA 95207 7 September BY MAIL POSTMARKED: P , 1995 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppH IL BATCHELOR, Clerk DATED: SPntPmhPr 11 1 dols BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BYDeputy County Counsel 111 . FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the. Board's Order entered in its minutes for this date. Dated: cj 9S PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 9 - 2'7_ /99 r BY: PHIL BATCHELOR b �Deputy Clerk CC: County Counsel County Administrator Clain: to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person • or to personal property or growing crops and which accrue on or after January 11 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: Ylaim By ) Reserved for Clerk's filing stamp Cri y ) I WVECEIVED Against the County of Contra Costa ) or t District) Fill in name ) CLERK BOARD OF S PERVI&ORB .+ CONTRA COSTA CO, The undersigned claimant hereby makes claim ain t the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ftu .G� � � �S_ e A-/ 1. When did the damage or injury occur? •(Give exact date and hour) Fi6 2. Where did the damage or injury occur? (Include city and county) q.' 3. How did th ge or injury occur? (G�ve full details; use extra pa r, f required) U}( u�� .�i./t, ; .WJt, (t,Z,��.t'4�. v' h1�,�L �' Vt .1 bun 190.�ll'i• ��' yy r,yy��U t>�. � l'��� � � �,(,�iil� ���/{M�� I A'� , 4. What particular act or omission on the part of county or district officers � servants or e=loyees caused the injury or damage? +'q �. wnat are the names of county or district officers, servants or employees causing S the damage or injury? Caw 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed, 4tach two estimates for auto e. 7. ow was the amount claimed above computed? (Include t e estimated amount of any prospective injury or damage.) $. Names /and addresses of witnesses, doctors and 'hospii'al VO bnog LVL (r ay51e 9. List the expenditures you made on account o /this accident6r injury: DATE ITEM AMOUNT Gov Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES T0: (At`to�^ ie`')s, � a orrb some person on.;Ids behalf." Name and Address of Attorney Claimant's Signature Address, AJ q6W)7 Telephone No. Telephone No.LP J 12/ 1 N O T I C E Section'72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for ,.,payment�,to .any, state board or officer, or to any county, city or district board or office'r;, authorized to allow or pay the same if genuine, any false or fraudulent claim; biil, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, .by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. .y l 1 r CLAIM (2 ,;L, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 26, 1995 CIA`- a^?i^st the County, or District governed by) BOARD ACTION _ z' S::,ervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and E�,C-'o Action. All Section references are to ) The copy of this document mailed to you is your notice of Califcrnia Government Codes. ) the action taken.on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $190.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Cheryl Krautheim ATTORNEY: Date received ADDRESS: PO Box 1569 BY DELIVERY TO CLERK ONAugUst 29, 1995 Bethel Island, CA 94511 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. i r DATED: August 29, 1995 gtlL �ep�tyLOR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: _T_ 30 — BY� Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Superviscrs present (� This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 1-24,- PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: g_„?z BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator "Claim to: BOAP0 OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIT4PM A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person • or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not dater than one year after the accrual of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this For=... R£: Claim By ) Reserved for Clerk's filing stamp Chew I :��gmjthe: m ) RECEIVED ) Against the County of Contra Costa ) L 9 PAorOF SUPERVISORS?�C A i2 4,4J S District) COSTA CO. _11 Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) .�v1�p�2, ra D�kl e� , _ Co C0 - CCU 3. How did the damage or injury occur? (Give full details; use extra paper if required) �J 4s by-k JAS IZ�Q C p✓eys Y-01 JtoCJclew c�, � a_c( 4. What particular act or omission on the part of county or district officers, se-rvants or employees caused the injury or damage? L 1� �. wnat are the names of county or district officers, servants or employees causing the da:-�_ge or injury? 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 4* VV WICJS:�'d 04fiackA_ -_______M-------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or .damage.-) $. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE . ITEM AMOUNT EIJI M Gov. Code Sec. 910:2p` rovides:.a�.3,'t 03 ATP-M ARTUsoo "The claim must be signed by the claimant SEND NOTICES TO: (Attorno)";--.`" or by some 2erson on his behalf." Name and Address of Attorney n Claimant's Signature Address. Telephone No. Telephone No. �a�-L c�Co6 �5 1 ee NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow .or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imrriso-urjent and fine. t ADDENDUM TO THE CLAIM OF �)�e-V� 1 rakkk k Chity y\ `(Print your full name) ( 1) Do you use the roadway as part of a daily commute? Yes No ( ) ( 2) Were you aware that construction would be commencing on the roadway? Yes ( ) No (`3) ' Was an alternate route available? Yes ( ) No ( ) ( 4) Did you read about the. impending resurfacing in the local newspaper? Yes ( ) No (-\<If ( 5) Did you see warning signs advising of loose gravel and a 25 mile per hour advisory sign? Yes P� ) No ( 6) Did the damage result from another vehicle exceeding the 25 mile per hour advisory? Yes ( ) No ) (7) Did a vehicle traveling in the same direction and exceeding the 25 mile per hour advisory sign attempt to pass you? Yes ( ) No O (8) Did a vehicle coming from the opposite direction cause gravel to be thrown onto your car? Yes ( ) No (9) Was the vehicle located directly in front of you exceeding the speed advisory? Yes ( ) No (�) ( 10) Did you travel the roadway more than once during the resurfacing prior to the damage sustained to your car? Yes No ( } ( 11) Did you obtain the identity of the car relating to questions 6 thru 9? Yes ( ) No If yes, please provide identification below: ( 12) Please describe in your own words how the gravel caused damage to your vehicle and the angle the gravel was thrown onto the car, along with the specific damaged parts on your vehicle. WAt .JAM to �� c,-� CLf ( 13) Were you aware that using the road during the chip seal process might result in damage to your car? Yes ( ) No (A-I I declare that the above information is true and correct under the penalty of perjury. awe ( Signature) (Date) 1977 Y i�4GIAS!a4- - -t • f 11GSGcald SL M 9 51{yg�7744 CUSTOMER'S ORDER NO. DEPT. p'-� N A E-�- NN Y7 e / 1 ADS --=SOLD 6Y CASM C.O.D. CHARGE ON ACCT. MOSERE9D, PAID OUT 3 1 d 2 { of , 4, 3 ( ' 4 4 g 7 G 8 ,;r (`s 9 10 E r 12 3° v� -,a 13 14 15 (� ,F 18 }' 17 18 RECD BY fMFOM" KEEP THIS SLIP f - 5L350/01350FOR REFERENCE ,)IOV 1 3HI Mo MojjLVWUOM IMVI 1OdWl ®VgU 9SVgld :UgWnSMOO ®b 931 Rom SM L060LL-DdD SPlou6ay+SPIWA OU /"11) m¢ V+ Sd � 0 1 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ z ❑ ❑ ❑ ❑ y w Z Z 0 U O 2 ZU .Y� Z O Z S o.�-UwU7 U cnU�4I1 `gU_6flA V¢y zUWZ Z47ZwZ0 ¢�¢U� m¢0 omCO¢at Z�aO w a<n ¢Q1¢1rWy- mJN OdO xNw ¢Um p o> 85 2 FY WF=- ¢LL 0 9 o wz w w< � ¢ pi o�N o W W ~ cn w R N } a> m a 4a 0 W ® 'D a OZ O � rv1 r N Q U � W � � V LO 2 C co co W o _ O V U. z w N ¢ x $ ¢ ¢ m < O m O a$.oa J C0 E#IDLE m Z d Nf 2 U Z S U W mE m '"� fC1L 1- 1w Z m E a d Q a m Q 1, < Z m y E w ti, T cn v m c w �l N Em rU ¢ a ¢ ¢m e F Z w q iW- tf li., Gitf _ is Q J p, Z W W N L�'s Cc CL h [L E 00 0 00 z Q {? C0 d W O J a a>`�E Z 'tel m rj a E o �_ 1i W W d W oELa`a ! w 2 U F N C-jJ J � D 3 mot O O d a J m m m o W N Z N O ❑ p W �ORac F' `X W ¢uj L7 ¢ Q L" W ¢ ui manic€ w vi co ° F p [[ ¢O ww w O _:E_-Rip c.� d w W U w ' eJ ci v �n LU 2 W J Q ' (n F Z O g a U) d 1L 0. O 4 cr m O w W CLd. otf F- .J (n N m J Cp o O d O a O ~ O Z W J ¢ Q Q a Z O F- t w m W p Q � z 4 O U 3 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 26, 1995. Cl?;T a^?4nst the County, or District governed by) BOARD ACTION ��. rvisors, Routing Endorsements, ) NOTICE TO CLAIMANT grid ELcro Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Pease note a1 CLAIMANT: John W. Russell, Nelly P. Russell, Lydia M. Russell, AUG 3 1 1995 Natalie E. Russell and Maria H. Papageorgiou ATTORNEY: David N. Bortin COUNW COUNSEL Date received MARTINUCALIF. ADDRESS: PO Box 3479 BY DELIVERY TO CLERK ON August 30, 1995 Walnut Creek, CA 94598 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED:August 31 1995 ggIL BATTIyELOR, Clerk e uY. II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( his claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: Cj j BY: `j`�� �� _ Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3): IV. BOARD ORDER: By unanimous vote of the Supervisors present (J ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: - PHIL BATCHELOR, Clerk, Bys" Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. f For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING 1 declare under penalty of perjury ttat 1 an now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: -„?7_ /1796— BY: PHIL BATCHELOR by Al, Deputy Clerk CC: County Counsel County Administrator Notice of Claim To the Board of Supervisors of Contra Costa County_ (Government Code Sections 910, 910.2) Claimants' Names: John W.Russell RECEIVED Nelly P. Russell Lydia M. Russell AUG 3 0 10 Natalie E. Russell Maria H. Papageorgiou CLERK BOARMD BF cps CO.. tS CONClaimants' Address: 534 Moraga Way Orinda, CA 94563-4241 Name and address of person to whom notices regarding this claim should be sent: David N. Bortin P.O. Box 3479 Walnut Creek, CA 94598 Date of the occurrence: March 9, 1995 (date of fust harm) Place of the occurrence: 534 Moraga Way, Orinda, CA 94563 (place of first harm) General description of the occurrence: Circa 1954, the County and private developers agreed to a.plan to fill with earth the open waterway running near the west boundary of 528 Moraga Way, and to direct the water into a new water control system, consisting of an earth dam and drainage pipes, near the east boundary of 528 Moraga Way. The County participated in this shared public/private water control system, and accepted an easement into 528-Moraga Way for the purpose of maintaining a portion of it. In 1986, the City took control of this easement. Circa 1988, it is reported that the City responded to complaints of a sinkhole condition at 528 Moraga Way, and addressed the problem by performing work on its portion of the the water control system, including the placement of a concrete catch basin just outside the east fence at 528 Moraga Way. This shared public/private water control system was designed and built with a safe carrying capacity of about 100 cubic feet of water per second, and the City and County knew or reasonably should have known that. There is a 205-acre tributary area roughly north of 528 Moraga Way. All the water that leaves this tributary area in the form of runoff does so through this shared public/private water control system. .The City and County should also have known that. We contend that by agreeing to and participating in this water control system, the County and City acquired an affirmative duty to exercise care with respect to this water control system, and so to protect the lives and property of those downstream. We contend that the City of Orinda acquired the same duty in 1986. We hold that both the County and the 4. City("defendants") abandoned this duty, and caused the catastrophic defeat of this water control system by overloading it with increases in water flow from the 205-acre tributary area. Due to man-made changes in this 205-acre watershed, officially permitted or conducted by the defendants, water runoff reaching the water control system has drastically increased since 1954. The so-called ten-year and hundred-year peak flows reaching the entrance of the water control system are now estimated to be 250 and 380 cubic feet per second, respectively. The winter of 1995 is estimated to have had peak flows between these two values, i.e., between 250 and 380 cubic feet per second. The safe capacity of the system has been far exceeded by the load placed on the system. In some years prior to 1995, the flow reaching the water control system sometimes exceeded 100 cubic feet per second, and the County knew this. On those occasions, the earth dam held the excess water until it could be gradually discharged, and 534 Moraga Way, downstream from the dam, was protected. However, no water control system can withstand unlimited increases in load. In 1995, the overload that the defendants placed on the system reached the point of causing a flood over the top of the dam. Consequently, floods occurred occurred March 9 and March 22, 1995, at 534 Moraga Way, causing illness, emotional distress, personal injury, property damage, and, prospectively, wrongful death to the owners/residents there. We hold that the floods were caused by unreasonable acts and omissions of the defendants, made with the constructive knowledge that these acts and omissions would likely result in flooding. In January 1995, prior to the floods, the City sent engineering staff to 528 Moraga Way in response to complaints of a sinkhole condition there, and reportedly stated to the resident there that any necessary repairs would be the responsibility of the owner. Based on its direct observations at 528 Moraga Way, the City knew or should have known that there was imminent flood danger which posed a grave threat to life and property, and the City failed to warn claimants. On several occasions after the first flood, the City disclaimed responsibility, refused to make an investigation of the cause of the flooding, failed to provide information it had promised to assist owners'/residents'investigation, and attempted to shift responsibility to private owners/residents. Using the instrument of flooding, the County and City in effect violently took the property at 534 Moraga Way. During the March 9 flood, the City requested Moraga firefighters to enter claimants'property and to cut through a wall and a fence, creating a path for flood water to drain across claimants' driveway and into claimants' creek. The cutting of the fence to create this path served no purpose other than the relief of flooding from neighboring properties. These actions were a public seizure of private property for a public Purpose without just compensation, and without due process of law, depriving the claimants of rights guaranteed by the Constitution of the United States. Further, using the instrument of flooding, the defendants imposed an unreasonably abrupt, large, coercive, and harmful increase in the rate and path of water drainage into 534 Moraga Way, depriving the claimant's of water rights guaranteed by California law. Names, if known, of any public employees causing the injury or loss: (Alphabetical) Beth Koren John Lisenko Joe Micanek Others not known. General description of the loss, injury or damage suffered: Claimants suffered emotional distress, physical injury, and diseases, with life-threatening consequences which continue. The interior of the home and its contents were damaged. The foundation and driveway of the home subsided. Topsoil was eroded. Walls, pavement, a fence, trees and landscaping, and drainage, irrigation, and intercom systems were damaged. Claimants incurred engineering, legal and medical costs, loss of income, and loss of use of their home. Claimants were unlawfully deprived of constitutional and water rights. Jurisdiction: We believe jurisdiction would rest in Superior Court. Signature on behalf of claimants: John Russell